In the Interest of Tazi (District Court 2001) 301st Judicial District, Dallas County, TX Cause No. 00-22189-T/301st 3 International Abduction [US 2001] ========================================================== IN THE DISTRICT COURT 3O1st JUDICIAL DISTRICT DALLAS COUNTY, TEXAS Cause No. 00-22189-T/301st 26 Jan 2001 IN THE INTEREST OF: IBRAHIM TAZI, a.k.a. BRIAN TAZI and YOUSSEF TAZI, a.k.a. HENRY TAZI MINOR CHILDREN FINAL ORDER REGARDING THE CHILDREN PURSUANT TO THE HAGUE CONVENTION 001 On January 22, 23, 24 and 25, 2001, came on for trial on the merits, the Petitioner, NACIRA-SAMLA SAICH'S, First Amended Petition for Return of Children Pursuant to Hague Convention, PETITION FOR HABEAS CORPUS, AND IN THE ALTERNATIVE, SUIT AFFECTING THE PARENT CHILD RELATIONSHIP. 002 Petitioner, NACIRA-SAMIA SAICHI, appeared with her attorney of record, Victoria Welcome. Respondent, MOHAMED BEN AHMED TAZI, a.k.a. MOHAMMED BEN AHMED. a.k.a. ADAM TAZI appeared with his attorney of record. Janice McCorkel. All parties and witnesses were sworn in and placed under the Rule, and present in Court for all proceedings. 003 The children the subject of this suit are: 1. IBRAHIM TAZI, a.k.a. BRIAN TAZI, date of birth, 04/17/1989; and 2 YOUSSEF TAZI, a.k.a. HENRY TAZI, date of birth, 02/19/1992 hereinafter the 'Children' 004 The Court finds: 1. that on July 1, 1988, the 1980 Hague Convention on the Civil Aspects of International Child Abduction ("Convention") entered into force between the United States and France; 2. the International Child Abduction Remedies Act, 42 U.S.C. Section 11601 - 11610 (l988)("ICARA") implemented the Convention in the United States; 3. the Central Authority of France has submitted to the Central Authority of the United States an application for the return of the Children to France. 005 The Court finds that this Court has jurisdiction of this cause pursuant to the Hague Convention, 42 U.S.C. 11603(a) and Texas Family Code, Chapter 152, section 152.105 [Editor's Note: International Application of Chapter, the UCCJEA] The Court finds that France and the United States are Contracting nations or Signatory parties to the Hague Convention, which confer this Court with subject matter jurisdiction. Jurisdiction was not disputed. 006 The court finds that the trial on this matter was held expeditiously pursuant to Article 11 of the Convention. 007 The Court finds France to have been the Habitual Residence of the children immediately before and at the time of the wrongful retention and wrongful removal by the Father. The Court finds that the children were unilaterally removed from France by the Father and taken out of the family and social environment in which their life developed. 008 The Court gives Full Faith and Credit to the Judicial Separation Order of December 2, 1994 from the French Court, the Tribunal De Grande Instance of Rennes, France; the Divorce Decree of October 12, 1995 from the same Court and the Judgment issued on January 24, 1997 by the Conventional Chamber of the Supreme Court of Rennes, finding Respondent in willful disobedience or contempt of its Tribunal Correctional (Court of Petty Sessions), hereinafter the "French Orders". The Court finds that the Petitioner was awarded custody of the children and the Respondent was awarded no visitation rights or access to the Children. 009 The Court finds that the Petitioner has diligently pursued the location of her children for their return to France since at least October of 1994 and that the Respondent set upon a course of conduct since August 1994 to secret the children from the Mother. The Court finds that the Respondent has intentionally, deliberately and actively concealed the whereabouts of the children since that time by many means and was less that truthful in his testimony in open Court. 010 The Court finds the children were wrongfully removed and wrongfully retained from France and that the Respondent's active concealment of the children's whereabouts is the reason for the passage of time between removal and discovery and that the one year under the Convention's Article 12 is Tolled. 011 THEREFORE, the Court cannot legalize the factual situation which the Father has brought about and ORDERS the immediate return of the children INSTANTER to the CUSTODY of the MOTHER according to the French Orders and ORDERS that Petitioner return to Rennes, France with the children by February 2, 2001. 012 The Court ORDERS that the Respondent Father has no possession or custody rights with the children, in accordance with the French Orders. 013 Attorneys fees and costs per the Convention are reserved and set for a hearing on Feb. 15, 2001 at 3:00 p.m. 014 SIGNED this the 26th day of January, 2001. /s/ Susan A. Rankin JUDGE PRESIDING SUSAN A. RANKIN